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Abstract Generative artificial intelligence (AI) has catapulted into the legal debate through the popular applications ChatGPT, Bard, Dall-E and others. While the predominant focus has hitherto centred on issues of copyright infringement and regulatory strategies, particularly in the context of the AI Act, a critical but often overlooked issue lies in the friction between generative AI and data protection laws. The rise of these technologies highlights unresolved tension between safeguarding fundamental protection rights and and the vast, almost universal, of scale of data processing required for machine learning. Large language models, which scrape nearly the whole Internet rely on and may even generate personal data falling under the GDPR. This tension manifests across multiple dimensions, encompassing data subjects’ rights, the foundational principles of data protection and the fundamental categories of data protection. Drawing on ongoing investigations by data protection authorities in Europe, this paper undertakes a comprehensive analysis of the intricate interplay between generative AI and data protection within the European legal framework.
Hannah Ruschemeier (Wed,) studied this question.